CHAPTER IIIPUBLIC PROCUREMENT
SECTION IISpecific provisions applicable to public procurement
Article 16Establishing fair competition conditions
The contracting authority shall take the appropriate measures to ensure fair competition conditions when previous involvement of an economic operator in activities associated with the subject of the call for tender:
- (a)
may confer significant advantages on that economic operator in terms of privileged information and therefore may give rise to concerns as to compliance with equal treatment; or
- (b)
affect normal competition conditions or the impartiality and objectivity of the award or performance of the contracts.
These measures shall not distort competition, or jeopardise equal treatment or the confidentiality of data collected about undertakings, their business relations and cost structure. In that context, those measures shall take into account the nature and particulars of the intended contract.